Our Attorneys Can Help You Navigate the Office of Compliance (OCC) Dispute Resolution Process
The Congressional Accountability Act (CAA) applies thirteen civil rights, labor, and workplace safety & health laws to the United States Congress and its Legislative Branch agencies, requiring them to follow many of the same employment and workplace laws applied to the private and public sectors. The CAA established the Office of Compliance (OOC) as an independent, non-partisan agency to administer and enforce these laws.
The Jeffrey Law Group, PLLC, provides counseling and representation to employees of the United States Congress and its associated Legislative Branch agencies, through all stages and aspects of the OOC Dispute Resolution Process. See http://www.compliance.gov/procedures/rulesofprocedure.pdf. Let the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, help you through this process. Contact us today at 202.312.7100 for a free initial telephone consultation.
Rights Under the CAA
The CAA applies thirteen civil rights, labor, and workplace safety laws to Congress and its associated agencies.
Access to Public Services and Accommodations for the Disabled
Section 210 of the Congressional Accountability Act (CAA), which applies Titles II and III of the Americans with Disabilities Act of 1990 to Congress, protects members of the public who are qualified individuals with disabilities from discrimination with regard to access to public services, programs, activities, or places of public accommodation in covered locations and offices.
Section 201 of the Congressional Accountability Act (CAA), which applies the Age Discrimination in Employment Act of 1967 (ADEA) to Congress, provides that all personnel actions affecting covered employees 40 years old or older shall be free from discrimination based on age.
Collective Bargaining and Unionization
Section 220 of the Congressional Accountability Act (CAA) applies certain provisions of the Federal Service Labor-Management Relations Statute and protects Legislative Branch employees’ rights to form, join, or assist a labor organization (union) for the purpose of collective bargaining without fear of penalty or reprisal.
Section 201 of the Congressional Accountability Act (CAA), which applies Title I of the Americans with Disabilities Act of 1990 to Congress, provides protection against discrimination in all personnel actions of qualified individuals with a disability.
Section 201 of the Congressional Accountability Act (CAA), which applies Title VII of the Civil Rights Act of 1964 to Congress, requires that all personnel actions– such as hiring, discharge, promotion, pay, or benefits – must be free from discrimination based on race, color, religion, sex, or national origin.
Fair Labor Standards and the Minimum Wage
Section 203 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Fair Labor Standards Act of 1938 (FLSA) to covered employees. These rights and protections require payment of the minimum wage and overtime compensation to nonexempt employees, place restrictions on child labor, and prohibit sex discrimination in wages paid to men and women.
Section 202 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Family and Medical Leave Act of 1993 (FMLA) to covered employees. These rights and protections entitle eligible employees to take leave for certain family and medical reasons and to be reinstated to their prior positions upon their return to work.
Eligible employees are entitled to a total of 12 workweeks of family and medical leave during a 12-month period. Employers are not required to pay employees on FMLA leave, but employees are entitled to continue receiving health insurance benefits. Certain notifications may be required of both employees and employers with regard to taking FMLA leave.
Notification of Office Closings or Mass Layoffs
Section 205 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Worker Adjustment and Retraining Notification (WARN) Act to covered employees. This section of the CAA requires that employees must be given prior notice of an office closing or mass layoff.
Occupational Safety and Health
Section 215 of the Congressional Accountability Act (CAA) requires that the Legislative Branch comply with certain provisions of the Occupational Safety and Health Act and its standards requiring that public areas and the workplace be free of recognized hazards that are likely to cause death or serious injury.
Protection from Polygraph Testing
Section 204 of the Congressional Accountability Act (CAA) applies provisions of the Employee Polygraph Protection Act and generally prohibits an employing office from requiring that current and prospective employees take lie detector tests. This prohibition includes requiring or requesting that lie detector tests be taken; using, accepting, or inquiring about the results of a lie detector test; or firing, disciplining, denying employment or promotion, or discriminating against an employee or prospective employee based on the results of a lie detector test or the refusal to take a lie detector test. There are some limited exceptions to the prohibition on lie detectors. For example, those who are involved in intelligence or counterintelligence activities and have access to top secret information may still be required to take lie detector tests.
Uniformed Services Rights and Protections
Section 206 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to covered employees performing service in the “uniformed services.” The uniformed services includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, or any other category designated by the President during time of war or emergency.
In general, USERRA protects employees performing service in the uniformed services from discrimination – such as in hiring, discharge, or promotion – and provides rights to certain benefits while performing service and upon the completion of service. These rights include retaining pension plan rights and continuing civilian health plan coverage.
Veteran’s Employment Opportunity Act
The Veterans Employment Opportunities Act of 1998 (VEOA) gives veterans improved access to Federal job opportunities and establishes a redress system for preference eligibles in the event that their veterans’ preference rights are violated. Section 4(c) of this Act applies those rights and protections afforded to veterans in the executive branch to certain veterans covered by the Congressional Accountability Act (CAA).
Genetic Information Nondiscrimination Act of 2008
The Genetic Information Nondiscrimination Act (GINA) of 2008 protects employees from employment discrimination and denial of health insurance based on that employee’s genetic information. Title II of this Act applies to employees covered by the Congressional Accountability Act (CAA).
GINA, as applied by the CAA, offers protections for employees, should any discrimination occur due to their genetic information, including an employing office’s knowledge of the employee’s family medical history. It also limits the employing office’s right to acquire genetic information about employees and places confidentiality requirements on any information that can be acquired.
Covered Community
The Congressional Accountability Act (CAA) protects over 30,000 employees of the United States Congress and its associated offices and agencies. Current employees and job applicants are covered by the CAA.
The CAA applies to the following employers and their employees:
• United States Capitol Police;
• Capitol Guide Service;
• Congressional Budget Office;
• Office of the Architect of the Capitol;
• Office of the Attending Physician; and
• Office of Compliance.
Certain provisions of the CAA also apply to the Government Accountability Office and the Library of Congress and their employees.
The Office of Compliance (OCC)
The Office of Compliance (OOC) is an independent, non-partisan agency established to administer and enforce the Congressional Accountability Act (CAA). The OOC administers the dispute resolution system established to resolve disputes that arise under the CAA. The General Counsel of the OOC has independent investigatory and enforcement authority for certain violations of the CAA. The OOC is comprised of a five-member, non-partisan Board of Directors and four Executive Staff, appointed by the Board of Directors, who carry out the day-to-day functions of the Agency.
The Dispute Resolution Process
The CAA provides for a mandatory dispute resolution process of counseling and mediation for the settling of disputes before disputes can proceed to an administrative hearing or civil action. If the parties involved are not able to resolve their disputes through counseling and mediation, then an employee may either pursue a non-judicial administrative hearing process with the Office of Compliance (OOC) or file suit in United States District Court.
Contact the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, today at 202.312.7100 for an initial consultation.